Pramod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50896 of 2018 Arising Out of PS.Case No. -99 Year- 2017 Thana -KISHUNPUR District- SUPAUL ====================================================== Pramod Yadav, son of Sriprasad Yadav, resident of Village- Murli, P.S. Kishanpur, District- Supaul.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 29-08-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Kishanpur P.S. Case No.99 of 2017 registered for the offence punishable under Section 302/34 of the I.P.C. It appears that the prayer of this petitioner has already been rejected by this court on 19.09.2017 in Cr.Misc.No.43514 of 2017 considering the fact that this petitioner and two others brutally assaulted the father of informant. This petitioner assaulted the deceased by rod. The victim was moved to hospital and in course of treatment he died.

The learned counsel for the petitioner submits that the occurrence of assault took place on account of land dispute and

Patna High Court Cr.Misc. No.50896 of 2018 (2) dt.29-08-2018 the mother of this petitioner has also lodged a counter case against the family of informant. There was absolutely no intention to commit murder of deceased and so the petitioner, who remained in jail for more than one year, deserves to be enlarged on bail.

The learned A.P.P. for the State opposed the submission.

Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. His prayer for bail is accordingly rejected.

(Sanjay Kumar, J) Harish/- U